In Re Martin
United States Bankruptcy Court, C.D. Illinois
1Opinion of the Court
OPINION
MARY P. GORMAN, Bankruptcy Judge.
This matter comes before the Court upon the United States Trustee’s (“UST”) Motion to Dismiss Pursuant to 11 U.S.C. § 707(b)(1) and (b)(2) (“Motion to Dis miss”). The Court has considered the evidence and the arguments of counsel and finds that the Debtors have established sufficient “special circumstances” to overcome the presumption of abuse upon which the UST relies in seeking dismissal. The UST’s Motion to Dismiss will be denied.
Chad Martin and Jill Martin (“Debtors”) filed their voluntary petition under Chapter 7 of the Bankruptcy Code on October…
2Cases cited12 opinions
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Caminetti v. United StatesSupreme Court of the United States · 1917
- In the Matter of Jerry L. Roberson, Debtor. Appeal of Illinois Student Assistance CommissionCourt of Appeals for the Seventh Circuit · 1993
- In Re LentonUnited States Bankruptcy Court, E.D. Pennsylvania · 2006
- In Re HamanUnited States Bankruptcy Court, D. Delaware · 2007
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3Cited by21 opinions
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- In Re VaccarielloUnited States Bankruptcy Court, N.D. Ohio · 2007
- In Re SilerUnited States Bankruptcy Court, W.D. North Carolina · 2010
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